Tanzania Consumer Advocacy Society
today on 11th.July.2014 has turned SEVEN years old since its
establishment on 11th.July.2007. The are a lot to be proud of, but this is the
major one of recent .......

Many thanks go to the President Hon. Dr Jakaya Mrisho
Kikwete for being so understanding to this very humble consumers’ cry hence signeda certificate of urgency to review sim card tax. After the President's decision and there-after parliament's approval; TCAS has no longer having a case on sim-card with the government

For more information about TCAS's success stories, activities and projects one can read our blog-spots, our website and can access hundreds of online publications on TCAS by the media; you just start by Google search engine THEN continue by selecting the stories out of the pool.

With all Best Regards

Bernard E. Kihiyo

Executive Director

Tanzania Consumer Advocacy Society

E-mail; bernard@tcas-tz.org Skype; bernard.kihiyo

Tel; +255222443122 or +255757170555

You can read more on
the meaning of certificate of urgency by the President to the parliament through parliament of Tanzania's website at this pdf document.

Dar es Salaam. President Jakaya Kikwete has
signed a certificate of emergency to amend the 2013 Finance Act,
specially repealing provisions establishing SIM card tax. In the 2013/2014 National Budget, the government
introduced a Sh1,000 SIM Card monthly tax as one of the measures to
increase government revenue collections. Despite public outcry and
concerns from MPs, the Finance Act was passed by the Parliament and
later on assented to by the President.

However, according to Communication, Science and
Technology deputy minister January Makamba, the President signed a
certificate of emergency to have the Act amended immediately.“The President has just signed a Certificate of
Emergency for amending the 2013 Finance Bill to repeal the SIM Card
tax,” posted Mr Makamba in his twitter account.

“I confirm that the President has signed the
Certificate of Emergency to amend the 2013/2014 Finance Act in order to
scrap the SIM Card registration tax,” said the deputy minister in a
telephone interview in the city yesterday.

The latest development comes just a few days after
leading mobile phone companies and 37 banks suffered a big blow after
the The Tax Revenue Appeals Board dismissed their appeal challenging the
Sh1,000 monthly Sim Card tax and a 0.15 per cent deduction on money
transfer services.

15th.October.2014
As the reality of the proposed monthly
excise SIM Card tax bites in, the telecommunications sector and Tanzanians at
large are set to face a hard time in future. The Tshs 1,000 excise tax, imposed by
the 2013/2014 Finance Act, was to be implemented on 1st July 2013.

To what extend will the damage hit the
market? According to a statement released by Mobile Operators Association of
Tanzania (MOAT) recently, Tanzania has a mobile penetration of about 48
percent, translating to approximately 22 million users.

Out of this, 40-45 percent of Tanzania
telecom users will be cut off, meaning that the Tshs 1,000 excise tax on all
SIM Cards will affect 8 million of the current customers in the country, whose
usage on mobile communication is less than Tshs 1,000 a month, and deter them
from using the service.

The statement goes on to say that the
Tshs 1,000 excise tax will hamper the progress made in the mobile communication
sector where we have seen services becoming increasingly affordable for
all. This will further put at risk all the
rural expansion initiatives, as those championed by the Universal
Communications Services Access Fund (UCSAF), because the very same people who
spend less than Tshs 1,000
per month, and are the beneficiaries of this fund, will not be able to afford
our services in such areas.

The Tshs 1,000 charge per month will
also hamper the progress made in the mobile communication sector to date, which
has seen services becoming increasingly affordable for all, the statement read.
It is clear that President Jakaya
Kikwete rejected this tax, and has been on the forefront to have it suspended.

Among the actions the president took
was to constitute a constitutional committee to discuss this. The committee,
which included the Ministry of Finance, Tanzania Revenue Authority (TRA) and
representatives from telecom companies, compiled a proposal that was later
submitted to the Deputy Minister for Communications, Hon. Janet Mbene. It is
evident that after the submission, no steps have been taken to date.
At the same, the SIM Card Bill was not
presented at the first reading of the budget, but rather was sneaked in by the
budget committee led by Hon. Andrew Chenge, Chairman Parliamentary Budget
Committee.
The tax man on September 12 gave
telecommunications, Vodacom, Tigo, Airtel, Zantel and TTCL, companies a 14-day
ultimatum to remit the tax, which was due on July 1, or face penalties.

But on Friday last week, the companies
separately moved to court and lodged injunctions with the Tax Revenue Appeals
Boards, a move that aimed at stopping TRA from collecting the Tshs 1,000 excise
duty charge. Should they agree to pay the tax, the citizens will be
charged Tshs 3,000 for the three months that have so far lapsed.

“It should be noted that penalizing the
companies means penalizing the customers. Failure to pay the tax is a criminal
offense. But will the government file criminal charges against the citizens who
are unable to pay the tax every month? Companies will also not be able to
rollout network services since our target customers will be disconnected,” MOAT
said in a statement.

The Tanzanian High Court (Dar es Salaam HQ pictured) has allowed mobile
carriers to join as claimants a consumer lawsuit against the dreaded SIM
card tax. The tariff should have taken effect in July, but at this
point its future seems uncertain.

Dar es Salaam. The High Court yesterday agreed
to an application by mobile phone companies to be joined in a petition
lodged by the Tanzania Consumer Advocacy Society opposing the Sh 1,000
SIM card tax.

The court reached the decision yesterday after
overruling a preliminary objection by the government, which was opposing
the application by phone companies asking to be joined in the case
against SIM card tax.

Giving the ruling, Judge Aloyisius Mujuluzi who
led a panel of three judges said the reason for preliminary objection
raised by the government did not have a legal basis because the law did
not require each applicant to file an affidavit.

Five applicants, MIC Tanzania Limited, Vodacom,
Airtel, Zanzibar Telecom Limited and the Tanzania Telecommunications
Company (TTCL) are each seeking to be joined as petitioners.

Their application were submitted to the court on Monday through an affidavit sworn by Tumaini Shija, representing MIC Tanzania.

But the government, through deputy Attorney
General George Masaju and Principal State Attorney Edson Mweyunge,
alleged that the application by mobile phone firms was improper because
the applicant did not ask the court leave to represent other parties.

According to Mr Mweyunge, a person wishing to
represent several parties is required to ask the court leave to do so or
each applicant should file an affidavit.However, the judge said the circumstances of the case were different and did not require the applicant to ask for court leave.

The deputy AG and Mweyuge who are representing the ministry of Finance and the Attorney General are respondents in the case.

In the main case, the Tanzania Consumers Advocacy
Society allege that some sections in 2013 Finance Act that give legal
duty to the Tanzania Revenue Authority (TRA) to collect a Sh1,000 tax on
each SIM card is unconstitutional.

According to them, their clients who are normal
Tanzania cannot afford Sh100 reduction there for will reprieve their
right to communication.Mobile phone companies are representing by advocate Fatuma Karume and Beatus Malima.

The companies requested to be part of petitioners in the case through an
affidavit avowed by advocate Tumaini Shija which the court said it would allow
on condition that it is submitted by October 15, next week.

Judge Mujuluzi maintained that the state has no good reasons to object the
mobile phone companies’ request to join the petition filed by TCAS noting that
the preliminary objection will now be amended so as to recognize them as a part
of petitioners.

He made it clear that he wants both sides to find an amicable solution
acknowledging on one hand that the government needs revenue but on the other
hand ‘consumers’ rights must be observed.’

“After the mobile phone companies complete and submit their affidavits, the
High Court will meet on October 21, this year to rule whether the 1,000 simcard
tax should stay or not,’ Judge Mujuluzi ruled.

In filing the case, TCAS asked the court to nullify the legislation passed by
the parliament requiring every mobile user to be deducted 1000/- monthly as
simcard tax, claiming that the majority of simcard users in the country cannot
afford the expense.

According to the petition, the legislation goes against the country’s mother
law especially on right to information.

Furthermore, the petitioners requested the court to order the Minister of
Finance and Economic Affairs through the Tanzania Revenue Authorities (TRA) not
to implement the law until the ruling of the petition.

Deputy Attorney General George Masaju and Principal State Attorney Edson
Mweyunge objected to the application which was submitted on Monday by Advocate
Fatuma Karume and Beatus Malima who represent the companies.

According to Advocate Mweyunge, the application is before the court but the
applicant did not ask for leave of court to represent other parties.

“According to the law, an applicant who wishes to represent many parties is to
ask for leave of court first,” established Advocate Mweyunge.

The Deputy Attorney General and Mweyuge are the representatives of the Ministry
of Finance and Economic Affairs while the Attorney General is the respondent in
the case.

But Food Standards Agency said all food
packaging falls within EU rules

Said chemicals are of 'no concern if used
within prescribed limits'

They warned the toxic substances, which
were found to cause cancer and inflict changes on genes, could end up in the
food they contain. But the Food Standards Agency moved
to reassure consumers, explaining all food packaging falls within European
standards and the presence of the chemicals are of no concern if they are used
within the 'limits or restrictions' set for their use.

The study, published in the journal
Food Additives and Contaminants, discovered around 175 chemicals with varying
affects. They found the substances interfered
with sperm production, caused genital malformations and disrupted hormone
production in the body.

Doctor Jane Muncke, managing
director of the Food Packaging Forum, which conducted the study, said: 'From a
consumer perspective, it is certainly undesirable and also unexpected to find
chemicals of concern being intentionally used in food contact materials.'

Subscribe To

About Tanzania Consumer Advocacy Society

Tanzania Consumer Advocacy Society (TCAS) is a private, voluntary, non governmental, non partisan and non profit making organization that was registered in July 2007 under the Companies Act of 2002, Chapter 212 of the law of Tanzania as a company limited by guarantee.
Our Vision;-
TCAS’s Vision is a Tanzania where consumers are aware of their rights and have ability to claim their rights. Where markets are accountable and more responsive to consumer’s needs and interests.
Our Mission;-
To provide advocacy platform that would make consumers voices heard, raise consumer’s awareness of their rights, build consumer’s ability to claim their rights and make markets accountable and more responsive to consumer’s needs and interests.